limitation of easement

What is the name of your state?va...I own a field which is next to a 3/4 ac residence. I bought the field from the neighbor 27 years ago. She has since died. Her septic system is in my field. my deed states,"The said party of the first reserves the right to maintain ,repair,and replace a septic tank and drain field within a portion of the above conveyed property.....(located)....,which reservation shall be deemed appurtenant to the said 3/4 ac tract. The said party of the second part by accepting delivery of this deed covenants and promises that durring the lifetime oif the said party of the first part that he will mow at least once a year the said parcel of land described upon which the septic tank and drain field is located and further covenants an promises not to construct any buildings thereon or drill any well thereon durring the lifetime of the said party of the first.Said covenants shall be deemed to be running with the land."Does this now mean that a life time unintrupted use of the septic field end?

bhirst said:

What is the name of your state?va...I own a field which is next to a 3/4 ac residence. I bought the field from the neighbor 27 years ago. She has since died. Her septic system is in my field. my deed states,"The said party of the first reserves the right to maintain ,repair,and replace a septic tank and drain field within a portion of the above conveyed property.....(located)....,which reservation shall be deemed appurtenant to the said 3/4 ac tract. The said party of the second part by accepting delivery of this deed covenants and promises that durring the lifetime oif the said party of the first part that he will mow at least once a year the said parcel of land described upon which the septic tank and drain field is located and further covenants an promises not to construct any buildings thereon or drill any well thereon durring the lifetime of the said party of the first.Said covenants shall be deemed to be running with the land."Does this now mean that a life time unintrupted use of the septic field end?

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**A: yes, if you got the parties correct.

Sounds a bit contradictory. If the easement runs with the land, how can it also be limited to her lifetime? I mean, I can see that for the mowing agreement, as that can be construed as a form of maintenance he is providing, but a sewer field easement?

HG, I defer to you on this. It appears to me to be saying two different things.

easement limitation

When the neighbor sold me this ground, she also gave me an option to buy the property subject to her estate getting three appraisels and offering it to me for the average price. They were to do this within 1 year of her death. After 19 months they got the appraisels but never told the appraisers of the restrictions. She always told me I would get the property for a song because of the restrictions on the sewer easement. Needless to say I disagree with the appraisels because they dont reflect the sewer limits of use and the comps were of in town properties with public water and sewer. I am tring to settle the matter and buy the property for a fair price based on the value of the 3/4 ac track and any limiting value that the easement has to the property. Thank you home guru and others for your help, bhirst.

nextwife said:

Sounds a bit contradictory. If the easement runs with the land, how can it also be limited to her lifetime? I mean, I can see that for the mowing agreement, as that can be construed as a form of maintenance he is providing, but a sewer field easement?

**A: You are correct nexie and it appears that my response was misleading and not complete.
The lifetime mowing provision ends the condition of time was a lifetime of one of the parties. The easement continues to remain, will continue to remain and is not extinguished due to the death of one of the parties.
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HG, I defer to you on this. It appears to me to be saying two different things.

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**A: thanks for bringing this to my attention.

bhirst said:

When the neighbor sold me this ground, she also gave me an option to buy the property subject to her estate getting three appraisels and offering it to me for the average price. They were to do this within 1 year of her death. After 19 months they got the appraisels but never told the appraisers of the restrictions.

**A: the apprasiers do not need to know about the easement as the easement does not substantially reduce the market value of the property.
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She always told me I would get the property for a song because of the restrictions on the sewer easement. Needless to say I disagree with the appraisels because they dont reflect the sewer limits of use and the comps were of in town properties with public water and sewer. I am tring to settle the matter and buy the property for a fair price based on the value of the 3/4 ac track and any limiting value that the easement has to the property. Thank you home guru and others for your help, bhirst.

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**A: be very careful because the estate only needs to tell you there is nothing in writing so we are not going to sell you the property period.

reply

I do have an option to buy the property written into my deed. The estate had to get 3 apprasials within one year of the ladies death and offer the property to me at the average price. The estate got the apprasials many months after the one year deadline, failed to notify the appraisers of the dispute in the easement and used in town properties with water and sewer and other public improvements to establish the selling price. The house is 15 miles from a town and the bus ride for the local school is 70 minutes. This house also does not have a well, it uses a spring along side of a creek which is on there property but within 50 feet of the septic field. Needless to say I feel that the price is to high and dispute the appraisals and have hired another appraiser go obtain my own opinion of value. As in most disputes, there are other issues which need to be addressed, but for the sake of not making this thread to long I only was addressing the issue of continued use of the easement. Other issues in this dispute belong in other forums ..... Thanks Home Guru and others for your input.

bhirst said:

I do have an option to buy the property written into my deed. The estate had to get 3 apprasials within one year of the ladies death and offer the property to me at the average price. The estate got the apprasials many months after the one year deadline, failed to notify the appraisers of the dispute in the easement and used in town properties with water and sewer and other public improvements to establish the selling price. The house is 15 miles from a town and the bus ride for the local school is 70 minutes. This house also does not have a well, it uses a spring along side of a creek which is on there property but within 50 feet of the septic field. Needless to say I feel that the price is to high and dispute the appraisals and have hired another appraiser go obtain my own opinion of value. As in most disputes, there are other issues which need to be addressed, but for the sake of not making this thread to long I only was addressing the issue of continued use of the easement. Other issues in this dispute belong in other forums ..... Thanks Home Guru and others for your input.

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**A: as to the easement, the easement runs with the land. Any other questions?

Thank you for your help.

No problem......